Reckless Driving

Talk to a Criminal Defense Lawyer

Driving is such an indelible part of modern life that every state has
a complex system of laws governing how people must act when operating a
vehicle. Because vehicles are potentially so dangerous, driving in a
reckless or unsafe manner is a crime in itself. Anyone charged with this
crime faces significant penalties.

The crime of reckless driving
occurs whenever someone operates a vehicle in such a way that it poses a
risk to others. Unlike some other traffic laws, such as speeding
violations, reckless driving is highly dependent on the circumstances of
each individual case. Though many states list specific actions that
qualify as reckless driving, drivers can be convicted of this crime
whenever they drive in an unreasonably dangerous manner.

Factors.
Courts weigh a number of factors when determining what constitutes
reckless driving. These include the time of day, the weather conditions
present, the presence of other people or animals, the qualities of the
vehicle, a driver's familiarity with the area, as well as numerous other
factors.

Beyond negligence.
Reckless driving is more than simply making a mistake or being
negligent while driving. A driver has to act willfully and with an
active disregard for safety. However, a prosecutor does not have to
necessarily show the driver's mental state at the time. It's enough for
the prosecution to show that the circumstances surrounding the event
either caused the driver to know, or the driver should have known, that
the driving was not safe.

Safety risk.While
reckless driving necessarily involves a heightened amount of danger to
other people, a prosecutor does not have to show that other people were
actually placed in jeopardy. Reckless driving can occur even if no one
else is on the roadway or there is no property damaged. It's enough for
drivers to endanger their own lives or risk damaging their own property
to qualify as reckless drivers.

“PerSe” reckless.
Some states have laws that list specific conditions that automatically
qualify as reckless driving. These are known as “per se” conditions.
This simply means that a driver acted recklessly if the prosecutor can
show that even one of the specified conditions is present. Some common
per se factors include speeding 20 mph or more above a posted speed
limit, passing a school bus, passing at a railroad crossing, or
participating in a street race.

Penalties

Reckless
driving is one of the more serious traffic offenses a person can
commit. If you are convicted of reckless driving, you face significant
penalties that often include jail, fines, and the revocation of your
license. Though penalties differ significantly among states and depend
on the circumstances of the case, reckless driving charges typically
bring with them a range of penalties.

Jailor prison.
Reckless driving is often categorized as a misdemeanor offense, meaning
that a person convicted of the crime faces up to one year in jail.
However, a small number of states also allow the crime to be charged as a
felony, meaning a conviction can bring a year or more in a state
prison. Felony charges are often filed in situations where someone was
injured as a result of the reckless driving.

Fines.Fines
are a very common penalty when a person is convicted of reckless
driving. The amount of the fine can differ widely based on the state and
circumstances of the crime, but they usually range from several hundred
to several thousand dollars.

Probation.
Probation sentences are also possible with reckless driving convictions,
though they are highly dependent on the circumstances of the case and
the driver's driving history. If a court sentences you to probation, it
will require you to comply with specific terms, such as finding a job,
making regular visits to a probation officer, and not committing any
crimes or other traffic violations. If you violate the terms of
probation, the court may revoke it and force you to serve a jail or
prison sentence instead. Probation typically lasts 12 months or more.

License suspension.
A person convicted of reckless driving also faces the possibility of a
license suspension or revocation. State laws typically include a
mandatory suspension of at least 30 days whenever a person is convicted
of reckless driving. If the driver has previous reckless driving
convictions or other traffic violations, lengthier suspensions and even
permanent license revocation is also possible.

Speak to an Attorney

Anyone
facing a reckless driving charge should always consult a local criminal
defense attorney before taking any further steps in your case. A local
attorney will know how local prosecutors and courts handle reckless
driving charges, what the state requirements are, and will have
experience dealing with reckless driving and other traffic offenses.
Even if you have never been convicted of a crime and don't believe you
are guilty of the charge, reckless driving is a serious offense that has
significant consequences, including an impact on your ability to obtain
insurance. Don't dismiss a reckless driving charge as simply another
traffic ticket, and speak to a criminal defense attorney as soon as
possible.